(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada,
2013
Roger Williams University School of Law
(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
Closing The Floodgates: Defining A Class Of Third-Party Plaintiffs For Title Vii Retaliation Claims,
2013
Louisiana State University Law Center
Closing The Floodgates: Defining A Class Of Third-Party Plaintiffs For Title Vii Retaliation Claims, Laura Blair Naquin
Louisiana Law Review
The article offers information on the law related to retaliation claims made under Title VII of the U.S. Civil Rights Act of 1964. It mentions the third-party plaintiffs' class which is eligible to file retaliation claims. It expresses the need to set standards for third party retaliation claims. It informs that a third party plaintiff who files a claim should have pretext, direct retaliation evidence, and a proof that retaliation is the only cause for an employer's action.
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation ,
2013
Pepperdine University
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor
Pepperdine Law Review
In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?,
2013
Pepperdine University
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?, Mark Kunkler
Pepperdine Law Review
Federal bankruptcy law offers a refuge to the honest debtor who is unable to pay his creditor's when his debts are due. Here, the twin aims of bankruptcy law, to give the debtor a fresh start and to provide roughly equal treatment for his! Creditors, are laudably accomplished. But what policies support the use of federal bankruptcy law when the "debtor" is in fact solvent and apparently seeks refuge only to escape liability for the products it manufactures? This comment examines the recent filing of the Manville Corporation for Chapter 11 protection under bankruptcy law with this question in mind.
Dissent: Supreme Court Reform: Diversion Instead Of Division,
2013
Pepperdine University
Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen
Pepperdine Law Review
No abstract provided.
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie,
2013
Pepperdine University
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan
Pepperdine Law Review
No abstract provided.
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt,
2013
Pepperdine University
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
Pepperdine Law Review
No abstract provided.
The Discovery And Use Of Computerized Information: An Examination Of Current Approaches,
2013
Pepperdine University
The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long
Pepperdine Law Review
In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings ,
2013
Pepperdine University
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
Clergy Malpractice: Making Clergy Accountable To A Lower Power,
2013
Pepperdine University
Clergy Malpractice: Making Clergy Accountable To A Lower Power, Lawrence M. Burek
Pepperdine Law Review
No abstract provided.
A Proposal For Settling The Interpretation Of Florida’S Proposals For Settlement,
2013
University of Florida Levin College of Law
A Proposal For Settling The Interpretation Of Florida’S Proposals For Settlement, Lauren Rehm
Florida Law Review
Although created to encourage settlement, few rules have generated more collateral litigation than Florida’s proposals for settlement provisions. While Florida Statutes section 768.79 creates a substantive right to attorney’s fees, Florida Rule of Civil Procedure 1.442 provides a procedural enforcement mechanism. However, through its unprecedented application of strict construction to a rule of civil procedure, the Florida Supreme Court has arguably made it more difficult to accomplish settlement by adding new requirements for valid proposals. Thus, with collateral litigation looming over proposals for settlement, burdening court dockets, and costing parties additional time and expense, now is the time to realign …
Erie As A Choice Of Enforcement Defaults,
2013
University of Miami School of Law
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Florida Law Review
The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …
The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? ,
2013
Pepperdine University
The Sanction Provision Of The New California Civil Discovery Act, Section 2023: Will It Make A Difference Or Is It Just Another "Paper Tiger"? , Timothy Michael Donovan
Pepperdine Law Review
No abstract provided.
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed,
2013
Pepperdine University
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel
Pepperdine Law Review
No abstract provided.
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts,
2013
Pepperdine University
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Pepperdine Law Review
No abstract provided.
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation,
2013
Pepperdine University
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Pepperdine Law Review
No abstract provided.
States Escape Liability For Copyright Infringement?,
2013
Pepperdine University
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Constitutional Restraints On The Doctrine Of Punitive Damages,
2013
Pepperdine University
Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.
Pepperdine Law Review
No abstract provided.
An Illusion Of Sacrifice: The Incompatibility Of Binding Stipulations In Cafa Cases ,
2013
Pepperdine University
An Illusion Of Sacrifice: The Incompatibility Of Binding Stipulations In Cafa Cases , Ryan S. Killian
Pepperdine Law Review
Ever since the enactment of the Class Action Fairness Act of 2005 (“CAFA”), plaintiffs attorneys have sought to circumvent it. Because class certification is more difficult to obtain in federal court than it is in certain state courts, plaintiffs typically prefer to litigate in state court. One method of avoiding CAFA’s removal provision is to limit damages to less than $5 million, thus rendering the action too small to be subjected to the statute. And plaintiffs attorneys have proven willing to stipulate to such diminished damages even where the action is far more valuable. This Note examines whether such stipulations …
Electronically Stored Information: What Hath God Wrought?,
2013
Mitchell Hamline School of Law
Electronically Stored Information: What Hath God Wrought?, Roger S. Haydock
Journal of Law and Practice
No abstract provided.
